21R4106 Sol Final.pdf

SEE ADDENDUM

(No Collect Calls)

N3220521R4106 25-Mar-2021

b. TELEPHONE NUMBER

757-443-0961

8. OFFER DUE DATE/LOCAL TIME

09:00 AM 26 Apr 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N322059. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

GLENN POOLE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C. STREET

BLDG. SP-64

NAVAL STATION NORFOLK

NORFOLK VA 23511

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 757-341-6346

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

483111

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF237

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

MSC SPECIALTIME 2020

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Activity

Unit

Charter Hire Firm Period

FFP

365 days.

FOB: Destination

V124

NET AMT

0002 1 Activity

Fuel Charges Firm Period

365 days.

0003 1 Activity

Reimbursables Firm Period

365 days.

1001 1 Activity

OPTION Charter Hire Option Period 1

365 days.

1002 1 Activity

OPTION Fuel Charges Option Period 1

365 days.

1003 1 Activity

OPTION Reimbursables Option Period 1

365 days.

2001 1 Activity

OPTION Charter Hire Option Period 2

366 days.

2002 1 Activity

OPTION Fuel Charges Option Period 2

366 days.

2003 1 Activity

OPTION Reimbursables Option Period 2

366 days.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

1001 N/A N/A N/A N/A

1002 N/A N/A N/A N/A

1003 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

2002 N/A N/A N/A N/A

2003 N/A N/A N/A N/A

CLAUSES INCORPORATED BY FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology

Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the

Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International

Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such

Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR

4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the

Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and

Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

PROFORMA

MILITARY SEALIFT COMMAND

SPECIAL TIME CHARTER (SPECIALTIME)

PREAMBLE

1. This Request for Proposals (RFP) is a solicitation for offers to perform a Charter Party (the

“Contract” or the “Charter”) in accordance with the terms and conditions herein.

2. The Charter, when awarded, will consist of the completed Standard Form (SF) 1449, this

Preamble, and Parts I through IX.

3. The signature of the Contracting Officer on SF 1449 signifies acceptance of the Contractor’s proposal and award of the Charter. The SF 1449 and Parts I through IX contain in full all of the amendments, references, responses, deletions, additions and interlineations made by both https://dibnet.dod.mil/ https://dibnet.dod.mil/ parties to the RFP and the proposal as of the Charter Party date. In the event that there is any inconsistency between the terms and conditions of this Contract and those in an offeror’s proposal, this Contract shall control. All references to boxes in Parts II through IX shall be to Part I boxes unless otherwise stated.

4. Each of the Parts or any portion thereof of this Charter Party shall be deemed severable, and should any Part or any portion thereof be held invalid, illegal, or unenforceable, the remaining Parts and portions thereof shall continue in full force and effect. The headings herein are for the sake of convenience and reference only, and shall not affect the interpretation of this Charter Party.

LIST OF EFFECTIVE CHANGES

Revision

Num.

Description Date

MSC SPECIALTIME 2020 ii

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

SPECIAL TIME CHARTER

TABLE OF CONTENTS

I. SPECIAL TIME BOXES G-1 – G-11

II. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (tailored pursuant to FAR 12.302(a)) IG-1 – IG-11

(a) Inspection/Acceptance (tailored)

(b) Assignment

(c) Changes (tailored)

(d) Disputes

(e) Definitions (tailored)

(f) Excusable Delays (tailored)

(g) Invoice

(h) Patent Indemnity

(i) Payment

(j) Risk of Loss (tailored)

(k) Taxes (tailored)

(l) Termination for the Government's Convenience

(m) Termination for Cause (tailored)

(n) Title

(o) Warranty (tailored)

(p) Limitation of Liability

(q) Other Compliances

(r) Compliance with Laws Unique to Government Contracts

(s) Order of Precedence (tailored)

(t) System for Award Management (Beta.SAM)

(u) Unauthorized Obligations

(v) Incorporation by Reference

III. SPECIAL TIME TERMS AND CONDITIONS

(Addendum to FAR 52.212-4) IIG-1 – III-5

(a) Charter Hire

(b) Mission

(c) Reporting Requirements

(d) Crew

(e) MARAD Construction Differential Subsidy (CDS)

(f) Reserved

(g) Loading and Discharging

(h) Oil Pollution Spill

MSC SPECIALTIME 2020 iii

(i) Safety in Loading and Discharging

(j) Reserved

(k) Cleaning

(l) Spain-Gibraltar Prohibition

IV. TIME CHARTER COMMON TERMS AND CONDITIONS

(Addendum to FAR 52.212-4) IV-1 – IV-29

(a) General Definitions

(b) Delivery

(c) Redelivery

(d) Ports/Places

(e) Charter Period

(f) Drydock

(g) Insurance

(h-1) War

(h-2) Government War Risk Insurance/Indemnity

(i) Readiness

(j) Off-Hire

(k) Supercargo and Government Designated Representatives

(l) Time Lost

(m) Negligence of Pilots

(n) Port Charges and Expenses

(o) Owner’s Obligation

(p) Fuel

(q) Reduced Operational Status (Layup)

(r) Waiver of Claims

(s) Charter Not a Demise

(t) Subcharter

(u) General Average

(v) Salvage

(w) Limitations

(x) Alterations

(y) Reimbursable Supplies and Services (Charters)

(z) Standards of Appearance

(aa) Savings

(ab) Law Governing

(ac) Substitution

(ad) MSC Shipboard Antiterrorism/Force Protection Measures

(ae) Payment

(af) Special Requirements

(ag) Statutory Employee

(ah) Reserved

(ai) Security Threat

(aj) Immunizations (U.S. -Flag Only)

(ak) Changes Applicable to Foreign Flag Awards Only

MSC SPECIALTIME 2020 iv

(al) Investigations

(am) Military Extraterritorial Jurisdiction Act

(an) Antiterrorism and Physical Security

(ao) Bonuses

(ap) No-Cost Cancellation

(aq) Enterprise Wide Contractor Manpower Reporting Application

(ar) Contractor’s Notice Regarding Litigation

(as) Safety Management System

V. SPECIAL TIME ADDITIONAL CONTRACT REQUIREMENTS

(AS APPLICABLE) (Addendum to FAR 52.212-4) V-1 – V-8

(Unless specifically referenced in Box 6, the paragraphs that follow do not apply to this

Charter Party)

(a) Security Clearance

(b) Reserved

(c) Navigational Equipment

(d) Fuel Monitoring

(e) Time Charter War Risk Coverage

(f) Automated External Defibrillator (AED)

(g) Reserved

(h) Crew Appearance

(i) Reserved

(j) Reserved

(k) Tugs and Barges

(l) Contractor Security (CS)

(m) Option to Purchase Time Chartered Vessel

(n) Cancellation Fee

VI. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED

TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEM VG-1 – VI-8

VII. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE

ACQUISITIONS OF COMMERCIAL ITEMS VIG-1 – VIG-2

VIII. ADDITIONAL FAR AND DFARS CLAUSES VIIG-1 – VIII-7

IX. ATTACHMENTS IX-1 – IX-43

(a) Attachment A - Government Furnished Property (GFP) List

(b) Attachment B - Basic Pricing Data

(c) Attachment C - Crew Complement

(d) Attachment D - Contract Security Classification Specification (DD Form 254)

MSC SPECIALTIME 2020 v

(e) Attachment E - Performance Work Statement (PWS)

(f) Attachment F - Technical Offer Worksheet

(g) Attachment G - ATFP_CBRD_and_Training_Requirements

(h) Attachment H - Department of Labor Wage Determination

(i) Attachment I - Disclosure of Lobbying Activities (SFLLL)

(j) Attachment J - Missions Essential Contractor Services Plan (MECSP) Worksheet

(k) Attachment K - Specs_for_CBR-D_Decon_Station

(l) Attachment L - Decon_Station_DWG (To be provided upon request)

(m) Attachment M - Clarification and Question Form

X INSTRUCTIONS TO OFFERORS X-1 – X-7

(a) Required FAR Clauses (Incorporated by Full Text)

(1) FAR 52.212-1 Instructions to Offerors – Commercial Items

(Tailored pursuant to FAR 12.302(a))

(a) North American Industry Classification System (NAICS) Code and Small Business Size Standard

(b) Submission of Offers (tailored)

(c) Period for Acceptance of Offers (tailored)

(d) Vessel Substitutions (tailored)

(e) Multiple Offers

(f) Late Submissions, Modifications, Revisions, and Withdrawals of

Offers

(g) Contract Award

(h) Multiple Awards

(i) Availability of Requirements Documents Cited in the Solicitation

(j) Unique Entity Identifier (UEI)

(k) System for Award Management

(l) Debriefing

(m) Service of Protest (tailored)

(n) FAR 13.5 Acquisition

(2) FAR 52.215-5 Facsimile Proposals

(3) FAR 52.212-1 (Addendum) Additional Instructions to Offerors—Commercial Items

XI FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (Tailored pursuant to FAR

12.302(a)) XI-1 – XI-3

XII. OFFEROR REPRESENTATIONS AND CERTIFICATIONS

REQUIRED BY FAR XII-1 – XII-21

XIII. OFFEROR REPRESENTATIONS AND CERTIFICATIONS

REQUIRED BY DFARS XIII-1 – XIII-2

MSC SPECIALTIME 2020 I-1

Vessel(s):

Owner, UEI, CAGE, TIN (and TIN of parent, if applicable):

MSC SPECIALTIME

PART I - SPECIALTIME BOXES

Solicitation Number (date): N32205-21-R-4106 Contract Number (date):

1. Vessel(s) Required:

The vessel requirements are provided as Attachment

E-Performance Work Statement (PWS)

FAR 52.212-4(as tailored) has been amended in Box

6 to give first precedence to the special time boxes and Attachment E-PWS in the ORDER OF

PRECEDENCE section.

2. Place / Range of Delivery:

Norfolk, VA

3. Place / Range of Redelivery:

Norfolk, VA

4. Charter Period):

Firm period of 12-months with two 1-year option periods.

5. Laydays:

Commencing: 03 July 2021

Cancelling: 15 November 2021

6. Terms/Conditions/Attachments added, deleted or modified:

AMEND PART II FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (SEP 2013) (s) TO

READ:

ORDER OF PRECEDENCE (TAILORED)

Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) Information set forth in the Boxes (Part I) and Attachment E-PWS;

(2) Paragraphs (b), (d), (g), (i), (q) and (r) of FAR 52.212-4 (as tailored);

(3) The clause at FAR 52.212-5;

(4) Any remaining addenda or portions thereof within this solicitation or Contract;

(5) The Standard Form 1449;

(6) Solicitation provisions if this is a solicitation;

(7) Other documents, exhibits, and attachments other than Attachment E-PWS.

Continued changes to Terms/Conditions/Attachments are found in Box 75

MSC SPECIALTIME 2020 I-2

Solicitation Number (date): Contract Number (date):

GENERAL DATA

7. Vessel/Flag/Year Built:

8. Proposal Firm Until:

9. Amendments Acknowledged (amendment numbers and dates):

10. Owner (style, address, phone, cell phone, pager, e-mail, fax):

11. Broker (address, phone, e-mail, fax):

MSC SPECIALTIME 2020 I-3

12. Remittance address for hire (if other than box 10):

PRICING DATA

BOX NOS., SHIP STATUS, AND EXPENDITURE TYPES

13. FOS

14. ROS Less Than

10 Days

15. ROS 10 Days and

Longer

Base Period: $ ___________ $ ___________ $ ___________

1st Option Period $ ___________ $ ___________ $ ___________

2nd Option Period $ ___________ $ ___________ $ ___________

16. Indicate anticipated crewing arrangements during ROS (Less Than 10 Days) and ROS (10 Days and

Longer):

MSC SPECIALTIME 2020 I-4

17. Other Price Elements:

LAYDAYS PROPOSED

18. Laydays Proposed:

19. Estimated Readiness Date:

MSC SPECIALTIME 2020 I-5

VESSEL DATA

20.

Voluntary Intermodal Sealift Agreement (VISA) Status of Offeror and Vessel(s): SELECT ONE

Offeror IS a VISA Participant Vessel(s) offered IS (ARE)) Enrolled in VISA

Offeror HAS APPLIED to be a VISA Participant Vessel(s) offered WILL BE Enrolled in VISA

Offeror IS NOT a VISA Participant Vessel(s) IS (ARE) Not Enrolled in

VISA

21. Vessel type and, if applicable, MARAD design type:

22. Place built

23. Year built: Flag:

24. INMARSAT:

25. Vessel's e-mail:

26. Call Letters:

27. Official number:

28. Net registered tonnage:

29. Panama Canal tonnage :

30. Gross registered tonnage:

31. Suez Canal tonnage :

32. Beam (extreme)

a. (ft.) b. (m)

33. Length Overall:

a. (ft.) b. (m)

34. Immersion (on draft in Box 36):

a. (LT/in) b. (t/cm)

35. Length between perpendiculars:

a. (ft.) b. (m)

36. Summer mean draft:

a. (ft.) b. (m)

37. Deadweight capacity (on draft in Box

36):

a. (LT) b. (t)

38. Displacement, loaded (on draft in Box 36):

a. (LT/in) b. (t/cm)

39. Summer Load Line Freeboard:

a. (ft.) b. (m)

40. Shaft Horsepower/kilowatts:

a. (HP) b. (kW)

41. Brake Horsepower/kilowatts:

a. (HP) b. (kW)

42. Nationality of Master/Officers/Crew: 43. Number of persons other than crew that can be carried:

44. Classification society entered and class assigned:

45. Insured value of vessel (USD):

46. Vessel's present position/destination:

47. Last dry-dock date (mm/dd/yy): 48. Next dry-dock date (mm/dd/yy):

49. MarAd subsidized vessel: Yes _____

Will not be subsidized after post award sale.

No ______

MSC SPECIALTIME 2020 I-6

CARGO CAPACITY (as applicable)

50. Total grain cubic capacity (cu ft. / cubic meters’ underdeck, exclusive of deep tanks, wing tanks, reefer spaces, and spaces fitted with cell guides):

51. Total Bale cubic capacity (cu ft. / cubic meters’ underdeck, exclusive of deep tanks, wing tanks, reefer spaces, and spaces fitted with cell guides):

52. Number of tween decks:

53. Cargo Space

Square footage of cargo space (note particularly total ft2, ft2 with 10 ft. clearance, ft2 underdeck, Ro/Ro

Space):

b. Square meters of cargo space (note particularly total m2, m2 with 3.048 m clearance, m2 underdeck, Ro/Ro Space):

54. Total underdeck container capacity (TEU/FEU):

55. Total on-deck container capacity (TEU/FEU):

56. Total refrigerated-container capacity (TEU/FEU, including number/style of outlets):

57. Reefer-space capacity (cu ft. / cu meters):

58. Deep-tank capacity (cu ft./cu meters/bbls):

59. Capacity of spaces fitted with cell guides (TEU):

60. Amount and location of permanent ballast carried:

MSC SPECIALTIME 2020 I-7

61. General description of ramps (number, location, size, capacity, and type):

(note particularly weight of heaviest permissible vehicle in LT or t)

VESSEL CAPACITY (continued)

62. General description of vessel spaces and special features:

Decks: number, size in ft2 and cu ft.; size in m2 and cu m; strength in psf/kPa; arrangement

Holds and Hatches: number and size

Hatch Covers: number, size, composition, and type

Underdeck Height Restriction

Description of lashing points; lashing and securing gear;

type; description; and amount aboard

Barge-Stowage Particulars

Float-on / Float-off Particulars

MSC SPECIALTIME 2020 I-8

GEAR

63. Number/location/SWL capacity of winches, derricks, booms, and cranes:

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CASUALTIES / DEFICIENCIES / WARRANTS

64. Has vessel been involved in any serious grounding or collision within twelve months from the submission date of this proposal?

(include full description if "yes")

65. Are any deficiencies lodged by any regulatory body outstanding against the Vessel? (include full description if "yes")

65A. Identify any port(s) in which you have any active arrest warrants or similar actions pending that would delay the vessel from performing, or otherwise prevent the vessel from free entry/departure.

FUEL CONSUMPTION AT SERVICE SPEEDS

66. Average warranted speed (knots, for laden, moderate weather):

67. Average warranted speed (knots, for ballast, moderate weather):

68. Average fuel consumption (net bbls at 60 deg F and grade(s): for laden, moderate weather passage at speed identified in Box 66):

69. Average fuel consumption (net bbls at 60 deg F and grade(s): for ballast, moderate weather passage at speed identified in Box

67):

70. Auxiliaries underway fuel consumption (net bbls at 60 deg F and grade(s), only if not elsewhere identified):

71. Idle fuel period fuel consumption (net bbls at 60 deg F and grade(s)):

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FUEL CONSUMPTION AT VARIABLE SPEEDS

Average fuel consumption (net bbls at 60 deg F for all grades and all engines/auxiliaries utilized while underway over moderate-weather passages at the speed, ranges, and grade(s) indicated):

72: Grades Consumed:

73 A. LADEN 73 B. BALLAST

Knots

Net bbls per mile

Net bbls per day

Operating

Range

(NM)

Knots Net bbls per mile

Net bbls per day

Operati ng

Range

(NM)

08 08

09 09

10 10

11 11

12 12

13 13

14 14

15 15

16 16

17 17

18 18

19 19

20 20

21 21

22 22

FUEL GRADE

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74. Minimum vessel fuel specifications

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CONTINUATION

Box 75 Space for continuation of changes to Terms/Conditions/Attachments

ADD PART II(o)(4)(v) Should equipment malfunction/inoperability necessitate the provision of fuel in higher a grade than required in Boxes 72, 73, and 74, owner shall be responsible for such increase in fuel price.

Conduct of Master, Officers, and Crew. The Master, Officers, and crew shall be appointed or hired by the Owner and shall be deemed to be the servants and agents of the Owner at all times except as otherwise specified in this Charter. The Master of the

Vessel shall be under the Charterer’s direction with regard to the employment of the Vessel, but shall not be under the

Charterer's orders with regard to the navigation, care, and custody of the Vessel. If the Charterer shall have reason to be dissatisfied with the conduct of the Master, Officers, or crew, the Owner shall, upon receiving the particulars of the complaint, investigate the matter and resolve the issue to the satisfaction of the charterer. Any and all additional costs including but not limited to attorney’s fees incurred as a result of removal of such personnel shall be for the Owner’s account.

ADD PART IV (d) (3): Offerors shall identify those ports in which they have any active arrest warrants or similar actions pending that would either delay the vessel from performing, or otherwise prevent the vessel from free entry/departure.

DELETE PART IV(g) AND IV(h) and replace with the following:

G. INSURANCE.

(Paragraph’s with the Checked Box are incorporated into this contract)

G‐1 Vessel Owner’s Insurance.

G‐1.1 During the full period of this Charter Party, Contractor shall maintain marine insurance coverage on the

Vessel, including:

i. Hull and Machinery,

ii. Protection and Indemnity (P&I) (including pollution liability),

iii. War Risk Hull and Machinery,

iv. War Risk Protection and Indemnity (P&I), and

v. Second Seaman’s War Risk. (the principal sum of which shall be $200,000.00 per Master, Officer, or crew member (this is also the loss-of-life benefit)).

Except as otherwise expressly provided in Section G‐1.3 below or as expressly provided in the section entitled

“War” (H‐1), all expenses for such insurance coverage (including but not limited to premiums, additional premiums, calls, commissions, overspill claims, advancements, assessments, deductibles, and all other insurance costs regardless of Charterer or Contractor fault, neglect, action or inaction, or cause of claim or cost whatsoever) shall be for Contractor’s account and shall be deemed to be included in the hire payable under this Charter Party. Contractor shall make insurance claims under applicable policies for all damages, injuries, or claims arising from or related to this Charter when directed by Charterer regardless of Charterer’s fault, neglect, action, inaction, or breach of clauses, obligations or warranties (express, implied or otherwise) of this Charter Contract.

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1.1.1 At least 10 calendar days prior to delivery of Vessel, Contractor shall provide the

Contracting Officer copies of policies or cover notes evidencing that required coverage has been obtained and demonstrating that the coverage is consistent with the requirements of this section.

Contractor’s failure to provide the required policies or cover notes may be considered material breach of this Contract.

G‐1.2 Contractor agrees to indemnify and hold harmless the Charterer for all liability, costs, or expenses arising from or related to this contract and involving covered risks and losses under the terms of the insurance required in G-1.1 above. Contractor shall obtain an endorsement on all of Contractor’s insurance policies listed in Section G-1.1 by which Contractor’s Insurer “waives all rights of subrogation against the United

States of America regardless of amount.”

G‐1.3 If Vessel is sent beyond the limits of American Institute Trade Warranties under this Charter Party, the

Charterer agrees to reimburse the Contractor for the actual extra cost of additional premiums and/or increased deductible levels to the extent such extra cost is occasioned by the Vessel’s trading beyond such limits.

Contractor shall immediately notify Charterer whenever any sailing orders will send the Vessel beyond such limits, shall identify to Charterer any anticipated additional cost of insurance relating thereto, and shall obtain

Charterer’s approval to proceed beyond such limits prior to doing so. If Contractor fails to provide the notifications required or to obtain Charterer’s informed prior approval, Charterer shall not be required to reimburse the Contractor for the costs described in this paragraph. The issuance of sailing orders, by itself, does not constitute approval in advance by Charterer.

G-1.4 All policies shall contain an endorsement stating that “in the event Insurer receives from Vessel Owner any notice of cancellation or any notice of material change to the policy or its coverage, the cancellation or change shall not be effective until 30 days after written notice thereof is provided to Charterer’s Contracting

Officer by the Insurer (unless such change is directed by the Charterer’s Contracting Officer).” Additionally, Contractor shall immediately notify Charterer of any change whatsoever in coverage.

G-2 Charterer Named Additional Assured on Owner’s Hull Policy, War Risk Hull Policy, and Second Seaman’s War

Risk Policy.

G-2.1 The United States of America (as Charterer) shall be named as an additional assured with waiver of subrogation under the Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and Second Seaman’s War Risk policy.

2.1.1 At least 10 calendar days prior to delivery of vessel, Contractor shall provide the

Contracting Officer copies of policies or cover notes evidencing that the required coverage has been obtained. Contractor’s failure to provide the required policies or cover notes may be considered material breach of this contract.

G-2.2 “Other than owner” and “as owner” limitations. If Contractor’s Hull and Machinery policy (and

Increased Value policy if applicable), War Risk Hull and Machinery policy, or Second Seaman’s War Risk policy contain(s) any provision limiting coverage under the policy only to liabilities arising as owner of the vessel, Contractor shall arrange for such limiting provision to be stricken from the policy.

G-2.2.1 If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War

Risk Hull and Machinery policy, or Second Seaman’s War Risk policy contain(s) any provision designed to limit the effect of striking “other than owner” or “as owner” provisions as required in

Section G-2.2, such provisions shall also be amended to ensure Charterer is provided full benefit of the insurance for its acts as Charterer.

G‐2.3 Limitations of Coverage to U.S. Limitation of Shipowners’ Liability Act (or similar) limitation amounts. If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and/or Second Seaman’s War Risk policy contain(s) any provision(s) limiting maximum payment to Owner in any instance to the amount to which Owner is able to limit Owner’s liability

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pursuant to the U.S. Limitation of Shipowners’ Liability Act of 1851, the 1976 Convention on Limitation of

Liability for Maritime Claims, or any similar law, Contractor shall arrange for such limiting language to be stricken or amended to ensure the policy or policies are not similarly limited in payment or coverage amount with respect to coverage afforded the United States of America as additional assured Charterer.

G‐3 P&I Insurance for Charterer’s Risks or Time Charterer Protection and Indemnity (P&I) with

P&I War Risk Coverage.

G‐3.1 Contractor shall obtain P&I Insurance for Charterer’s Risks or a Time Charterer Protection and

Indemnity policy/entry with P&I War Risk coverage for the United States of America (as Charterer) covering all risks typically covered by P&I Insurance for Charterer’s Risks or Time Charterer Protection and Indemnity entries with P&I War Risk coverages in Protection and Indemnity associations that are members of the

International Group. Except as otherwise expressly provided in the section entitled “War,” all expense of such policy/entry described in this section (including but not limited to premiums, additional premiums, calls, commissions, overspill claims, advancements, assessments, deductibles, and all other insurance costs regardless of Charterer or Contractor fault, neglect, action or inaction, or cause of claim or cost whatsoever) shall be for Contractor’s account and shall be deemed to be included in the hire payable under this Charter

Party. Contractor shall make insurance claims under the Time Charterer Protection and Indemnity policy/entry described in this section when directed by Charterer.

3.1.1 At least 10 calendar days prior to delivery of Vessel, Contractor shall provide the Contracting

Officer a copy of the policy. Contractor’s failure to provide the required copy of the policy may be considered material breach of this Contract.

3.1.2 The Time Charterer Protection and Indemnity policy/entry with P&I War Risk coverage shall provide coverage of $500,000,000.00.

G‐3.2 Charterer shall not be obliged to declare to the insurer all ships chartered by it. Contractor will advise the insurer that the Charterer will not declare all ships chartered by it to the insurer, and shall obtain an endorsement on the policy stating, “the United States of America, as Charterer, is not required to declare to

[insert insurer name] all ships chartered by it.”

G-4 Contractor to Indemnify. If Contractor fails to name the United States as additional assured with waiver of subrogation on Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and

Machinery policy, or Second Seaman’s War Risk policy as required by Section G-2; or fails to obtain for the United

States the P&I Insurance for Charterer’s Risks or Time Charterer P&I policy/entry with War Risks coverage required by Section G-3; the Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses involving covered risks and losses under the required insurance policies/coverage.

G-4.1 Contractor shall not, through action or inaction (including but not limited to failing to meet all conditions of a policy, causing through action or inaction cessation of a policy, or violating any warranty of a policy), vitiate or void the coverage afforded by the Contractor’s Hull and Machinery policy (and Increased

Value policy if applicable), War Risk Hull and Machinery policy, Second Seaman’s War Risk policy, or the coverage afforded by the Time Charterer Protection and Indemnity policy/entry with P&I War Risk coverage.

If any such policy is vitiated or voided by Contractor’s action or inaction as described in this Section G-4.1, Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses which would have been covered by the policy had such policy or coverage remained in full force and effect.

G-4.2 In the event Contractor fails to strike “other than owner” or “as owner” provisions per Section G‐2.2, fails to amend supplemental limiting provisions as described in Section G‐2.2.1, or fails to amend provisions limiting payment or coverage as described in Section G-2.3, Contractor shall indemnify and hold harmless the

Charterer for all liability, costs, or expenses which would have been covered by Contractor’s Hull and

Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and

Second Seaman’s War Risk policy had such provisions been stricken or amended as required.

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H‐1 War.

H‐1.1 Voyage Instructions. Operating limits of the Vessel subject to this Contract shall be worldwide. If the Vessel is ordered under this Charter Party to any port, place, zone, or route involved in a state of war, warlike operations or hostilities, civil strife, or piracy (whether there be a declaration of war or not) where it might be reasonably expected to be subject to capture, seizure, arrest, or hostile act by a belligerent power (whether de facto or de jure), pirate, or terrorist, it shall be unreasonable for the Contractor not to prosecute said voyage if insurance against said risks is then available commercially or under a Government program, or if the Government offers the Contractor indemnification against said risks pursuant to Public Law 85‐804 (72 Stat. 972, August 28, 1958).

H‐1.2 The Contractor shall immediately notify the Charterer: (i) whenever any sailing orders will result in the Vessel subject to this Contract being sent beyond the limits of the War Risk Trading Warranties of insurance policies required under this contract (to include entry into a war risk exclusion zone or when the Vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places or any other waters described in the Lloyd’s Joint War

Committee’s current Hull War, Strikes, Terrorism and Related Perils Listed Areas); (ii) if there are any changes to the

War Risk Trading Warranties of insurance policies required under this contract (including changes to the exclusion zones or the Hull War, Strikes, Terrorism and Related Perils Listed Areas) or changes to War Risk premiums, charges, or deductibles; or (iii) whenever additional premium charges or costs will be incurred as a direct result of compliance with any sailing orders issued by the Charterer under this Contract. The Contractor shall ensure that the insurers provide it relevant information in a timely manner. If the Contractor has given this required notice to the Charterer, the

Charterer will reimburse the Contractor for the increase in costs (if any) of insurance premiums, charges, or deductibles which arise from the Vessel sailing beyond the applicable War Risk Trading Warranties (including changes to the war risk exclusion zones) when entry into any exclusion zone or Hull War, Strikes, Terrorism and Related Perils Listed

Areas under such insurance has been approved in advance by the Charterer. The issuance of sailing orders, by itself, does not constitute approval in advance by the Charterer. The Charterer may give the Contractor notice and instructions concerning suspension of commercial War Risk insurance coverage and substitution of Government indemnity or Government War Risk insurance as detailed in the section entitled “Government War Risk

Insurance/Indemnity” below.

H‐1.3 Additional Wage Costs. The Charterer shall reimburse Contractor for the cost of provable additional master and crew wages (including all additional bonuses and payments required) to the extent that such additional costs arise directly from exposure of the Vessel, and/or Vessel’s master and crew, to the risks described in the paragraph entitled

“Voyage Instructions” above. However, any of said wages or payments shall not exceed in amount that which would be payable, under applicable laws and regulations, to U.S. civil service mariners in the employ of the Military Sealift

Command in a similar port, place, zone, or route. Contractor shall notify Charterer of all anticipated additional wage costs prior to entering any location which would trigger such additional costs; and no such costs shall be reimbursable unless Charterer, after notification of such costs, provides approval to enter such location.

H‐2 Government War Risk Insurance/Indemnity.

H‐2.1 General. Upon receipt of notice and instructions from the Contracting Officer, as specified in the last sentence of Section H-1.2 of the section entitled “War (H‐1)” above, concerning suspension of commercial War Risk insurance coverage and substitution of Government indemnity or Government War Risk insurance, the Contractor shall, as soon as practicable, contact its insurance brokers or underwriters and arrange for the suspension of its commercial War Risk insurance upon entry of the vessel into, or extension of stay of the vessel in any area(s) excluded by the War Risk

Trading Warranties, or when the vessel will enter, sail for, or deviate towards the territorial waters of any of the

Countries or places, or any other waters described in the Lloyd’s Joint War Committee’s current Hull War, Strikes, Terrorism and Related Perils Listed Areas, as the case may be, subject to resumption of its commercial War Risk insurance upon exiting such area(s). In such instances, the Contractor shall accept the Government’s indemnity or

Government War Risk insurance, whichever is applicable, in lieu of such commercial War Risk insurance. The

Contractor shall ensure that the suspension of its commercial War Risk coverage is coincident with the time that any

Government indemnity or Government War Risk insurance becomes effective, and shall likewise ensure that its commercial War Risk insurance is resumed at the time when any Government indemnity or Government War Risk insurance becomes ineffective. The Contractor shall retain the same risks, such as deductibles (if any), that it has under its commercial insurance.

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H‐2.2 Government War Risk Insurance. Under the authority of 46 U.S.C. § 53905, the United States Maritime

Administration (MARAD), at the request of Commander, Military Sealift Command, may furnish the following war risk insurance coverage, which will be effective during the Vessel’s transit under this Contract in areas which are in war risk exclusion zones, or waters described in the current Lloyd’s Joint War Committee Hull War, Strikes, Terrorism and Related Perils Listed Areas, or otherwise excluded under the Contractor’s commercial marine War Risk trading warranties, and which are designated by notice from the Contracting Officer to the Contractor:

(1) War Risk Hull Coverage, insured at the hull value stated in Vessel’s current commercial hull and increased-value policies effective on Charter Party date, a copy of which current hull policies shall be furnished to Charterer;

(2) War Risk Protection and Indemnity coverage, insured at a value of either (i) 150% of the hull value stated in Vessel's current commercial hull policy effective on Charter Party date or (ii) $50,000,000.00, whichever is greater but in no event exceeding that amount of commercial P&I cover which was in effect for the Vessel on

Charter Party date;

(3) War Risk Second Seaman’s coverage, the principal sum of which shall be $200,000 per Master, Officer, or crew member (this is also the loss-of-life benefit);

(4) War Risk Loss-of-Hire coverage, if a commercial loss-of-hire policy was in effect on the Vessel on

Charter Party date. The sum insured by this policy, including the amount of lost time that is covered, will be equivalent to the levels insured by the Vessel's commercial policy. However, the amount insured by this policy will in no event exceed the hire rate(s) (that would have been in effect under this Charter Party during the period of time that the vessel was off-hire because of a covered War Risk), over a maximum duration of

90 days lost. This maximum amount will be further subject to a deductible equivalent to that in place under the Vessel's commercial policy.

H‐2.3 Government Indemnity. Under the authority of Public Law 85‐804 (72 Stat. 972, August 28, 1958) and

Executive Order 10789, as amended by Executive Order 11610, the Secretary of Defense or the Secretary of the Navy may authorize the Contracting Officer to indemnify the Contractor against loss from risks that would be covered by

MARAD war risk coverage as set forth in the paragraph entitled “Government War Risk Insurance” directly above.

AMEND PART IV(k) SUPERCARGO AND GOVERNMENT DESIGNATED REPRESENTATIVES to read:

“Charterer’s Option. The Charterer shall have the right to assign supercargo (supercargo as used herein is both plural and singular) and other Government designated representatives aboard the Vessel for duty purposes to the extent that accommodations and United States Coast Guard certification (when applicable) allow and in accordance with COMSC

Instruction 3121.9 Series. The Charterer shall pay an amount of $30.00 per day per person for personnel who are staying onboard for more than 24 hours. This amount covers all expenses including accommodations and victualling.

The Owner shall victual U.S. Government designated representatives, pilots, and Customs Officers when authorized by the Charterer at $7.00 per meal. The Government particularly reserves the right to put a representative onboard the

Vessel, with the pilot, at the approach to a discharge port (or otherwise as mutually agreeable) to inspect the Vessel and to monitor the unloading; eimbursement for accommodations and/or victualling is to be as described above.

Military Personnel. In addition to the carriage of personnel noted in subparagraph (1) above, the Charterer shall have the right to assign other military personnel aboard the Vessel. Such personnel are not to require victualling or berthing facilities from the

Vessel unless requested by the military commander aboard, in which case the Owner will be reimbursed out-of-pocket expenses not to exceed the amount per person per day set forth in subparagraph (1) above. The Owner shall provide sufficient lifesaving equipment for such personnel in accordance with SOLAS and all other applicable regulatory requirements.”

Charterer’s Liability. The Charterer shall be liable to the Owner for any loss of the Vessel's fittings or appurtenances or any damage to the Vessel, her fittings, or appurtenances caused by the act of supercargo or Government designated representatives in the embarkation, carriage, or debarkation of supercargo or Government designated representatives to the extent such loss or damage is not payable under the Vessel's insurance policies. However, the Charterer shall not be liable for such damage unless written notice specifying such damage and, if obtainable, the name of the party or parties causing such damage shall have been given to the Charterer or its authorized representative within a reasonable time.

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PART IV ADD NEW SECTION - (at) Cadet Training.

As required by 46 U.S.C. § 51307, the Owner/Operator shall participate in programs for Merchant Marine cadet…